A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 10, 2009, the Defendant was notified of a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Chuncheon District Court. On November 24, 2009, the Defendant was notified of a summary order of KRW 2 million due to a crime of violation of the Road Traffic Act. On January 30, 2013, the Chuncheon District Court was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act.

At around 12:40 on September 4, 2015, the Defendant driven Cpoter cargo at a section of approximately 500 meters alcohol concentration from the front day of the Cheongmatet in the Gangwon-do Incheon-do Incheon-do to the front day of the player in the same Ri, while under the influence of alcohol content of about 0.221%.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has already been punished for the same kind of crime including the suspension of the execution of imprisonment with prison labor, and the degree of drinking is serious in the crime of drinking driving in this case.

On the other hand, the defendant led to the confession of the crime of this case, and the defendant's mistake is divided, and the remaining after excluding one of two or more criminal records of drunk driving which constitutes the crime of violation of the Road Traffic Act of this case is low before the aggravated punishment is implemented, and there is some room for consideration, and the distance of drunk driving is not long, and the age, character and conduct, environment, and the crime of this case are caused.